2014-239s:\legal\our documents\ordinances\14�z11-0018-a1 edits.docx
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 4(NR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL 6
(NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, A
NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; AND A NEIGHBORHOOD RESIDENTIAL
MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION,
AND FURTHER RESTRICTED BY AN OVERLAY DISTRICT; THE AREA FOR ZONING
CHANGE ENCOMPASSES 6.71 ACRES OF LAND LOCATED AT THE NORTHEAST
CORNER OF MCKINNEY STREET AND JANNIE STREET, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (Z11-0018)
WHEREAS, Rick Baria, on behalf of Gene Hartman, has applied for a change in zoning
for approximately 6.71 acres of land legally described in Exhibit "A99 and depicted in Exhibit
667'99' attached hereto and incorporated herein by reference (hereinafter, the 66Property99) from a
D
Neighborhood Residential 4(NR-4) zaning district classification and use designation ta a
Neighbarhaod Residential 6(NR-6) zoning district classification and use designation, a
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use
designation; and a Neighborhood Residential Mixed Use (NRMU) zoning district classification
and use designation and
WHEREAS, on June 11, 2014, the Planning and Zoning Commission held a public
hearing as required by law, and upon conclusion the Planning and Zoning Commission
recommended approval of the requested change in zoning subject to an overlay restriction (the
"Overlay"):
WHEREAS, an July 15, 2014 the City Council held a public hearing as required by law,
and upon conclusion the City Council finds that the change is consistent with the Denton Plan
and the Development Code; NOW, THEREFORE,
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SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true,
SL�'FI ION 2. The zoning district classification and use designation for the Property is
hereby changed from Neighbarhood Residential4 (NR-4) to a Neighborhood Residential 6(NR-
6} zoning district classification and use designation, a Neighborhaod Residential Mixed Use 12
(NRMU-12) zaning district classification and use designation; and a Neighborhood Residential
Mixed Use (N U) zaning district classification and use designation as further restricted by the
following Overlay:
1. Residential duplex homes are prohibited.
Notwithstanding the attached real property description, the property being rezoned includes all
property to the centerline of all adjacent street rights-of-way.
SECTION 3, The City's official land use map is amended to show the change in the land
use designation.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SEC`1"�ON 5. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the �,��`�.�lay ��`�'�� �.�"���,�.�...�""�
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY
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APPROVED AS TO LEGAL FORM:
ANITA B��9����,GESS, CITY ATTORNEY
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CHRIS WATTS, MAYOR
PAGE 2
Exhibit A
TRACT 1 - ZONING NR-6
3.125 ACRES
FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE JONATHON
BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS,
AND BEING A PART OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE
BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY,
TEXAS, AND BEING MDRE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THB NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND
AT A 1/2" IRON ROD FOUND FOR CORNER IN THE NORTH LINE OF SAID BUSHEY TRACT;
THENCE NORTH 88 DEGREES 12 MINUTES 28 SBCONDS EAST WITH THE NORTH L1NE OF
SA1D BUSHEY TRACT, PASSING EN ROUTE AT A DISTANCE OF 0.85 FEET A 1/2" IRON ROD
FOUND AT THE SOUTHWEST CORNER OF LOT 3 IN JANNIE STREET ADDITTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET E, PAGE 84, PLAT RECORDS
OF DENTON COUNTY, TEXAS, AND CONTINUING ON SAID COURSE AND WITH THE SOUTH
LINE OF SAID LOT 3 TN, A TOTAL DISTANCE OF 210.09 FEET TO A 1/2" TRON ROD FOUND
FOR CORNER AT THE SOUTHEAST CORNER OF SAID LOT 3 AND THE SOUTHWEST
CORNER OF LOT 12 OF MACK ADDITION FIRST INSTALLMENT, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 7, PAGE 43, SAID PLAT RECORDS;
THENCE NORTH 89 DEGREES 34 MINUTES 06 SECONDS EAST WITH THE NORTH LTNE OF
SAID BUSHEY TRACT AND WITH THE SOUTH LTNE OF SAID LOT 12 FOR A DISTANCE OF
] 76.53 FEET TO A]/2" IRON ROD FOUND FOR CORNER AT A RE-ENTRANT CORNER IN
BLOCK 6 OF SAID MACK ADDITION;
THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST WITH THE WEST LINE OF
SATD BLOCK 6, A DISTANCE OF 316.53 FEET TO A 1/2" CAPPED IRON ROD SET POR
CORNER;
THENCE THE NEXT FIVE (5) COURSES AND DISTANCES SEVERING SAID BUSHEY TRACT;
1) NORTH 78 DEGREES 45 MTNUTES 36 SECONDS WEST, FOR A DISTANCE OF 59.68
FEET TO A POINT FOR CORNER;
2) SOUTH 11 DEGREES 14 MINUTES 24 SECONDS WEST, FOR A DISTANCE OF 49.12
FBET TO A POINT FOR CORNER AND THE BEGINNING OF A CURVE TO THE LEFT;
3) WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 91.67 FEET, WITH
A RADIUS OF 640 FEET, WITH A CHORD BEARING OF SOUTH 89 DEGREES 04 MINUTES
22 SECONDS WEST, WITH A CHORD LENGTH OF 91.59 FEET TO A POINT FOR CORNER;
4) CONTINUING WITH A COMPOUND CURVE TURNING TO THE LEFT W1TH AN ARC
LENGTH OF 103.01 FEET, WITH A RADIUS OF 1600 FBET, W1TH A CHORD BEARING OF
SOUTH 83 DEGREES 07 MINUTES 31 SECONDS WEST, WITH A CHORD LENGTH OF 102.99
FEET TO A POINT FOR CORNER;
5) SOUTH 81 D�GREES 16 MINUTES 54 SECONDS WEST FOR A DISTANCE OF 125.06
FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER;
Exhibit A
THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST WITH SAID EAST RIGHT-OF-
WAY OF JANNIE STREET FOR A DISTANCE OF 377.95 FEET, TO THE POINT OF BEGINNING,
CONTAINING 3.125 ACRES OF LAND MORE OR LESS.
TRACT 2 - ZONING NRMU-12
Exhibit A
2.184 ACRES
F1ELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED 1N THE JONATHON
BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS,
AND BEING A PART OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE
BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT AT A 1/2"
CAPPED IRON ROD SET FOR CORNER, IN THE EAST RIGHT OF WAY LINE OF JANNIE
STREET;
THENCE THE NEXT FIVE (5) COURSES AND DISTANCES SEVERTNG SAID BUSHEY TRACT;
]) NORTH 81 DEGREES 16 MINUTES 54 SECONDS EAST FOR A DISTANCE OF 125.06
FEET TO A POINT FOR CORNER AND THE BEGINNING OF A CURVE TO THE
RIGHT;
2) WITH SAID CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 103.01 FEET,
WITH A RADIUS OF 1600 FEET, WITH A CHORD BEARING OF NORTH 83 DEGREES 07
MINUTES 31 SECONDS EAST, WITH A CHORD LENGTH OF 102.99 FEET TO A PO1NT FOR
CORNER;
3) CONTINUING WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC
LENGTH OF 91.67 FEET, WITH A RADIUS OF 640 FEET, WITH A CHORD BEARING OF
NORTH 89 DEGREES 04 MINUTES 22 SECONDS EAST, WITH A CHORD LENGTH OF 9].59
FEET TO A POINT FOR CORNER;
4) NORTH 11 DEGREES 14 MINUTES 24 SECONDS EAST FOR A DISTANCE OF 49.12 FEET
TO A POINT FOR CORNER;
5) SOUTH 78 DEGREES 45 MINUTES 36 SECONDS EAST FOR A DISTANCE OF 59.68 FEET
TO A 1/2" CAPPED IRON ROD SET FOR CORNER;
THENCE SOUTH 00 DEGREES 1 l MINUTES 10 SECONDS EAST WITH THE WEST L1NE OF
SAID BLOCK 6 OF MACK ADDITION, A DISTANCE OF 449.61 FEET TO A 1/2" CAPPED IRON
ROD SET FOR CORNER;
THENCE NORTH 88 DEGREES 50 MINUTES ] 9 SECONDS WEST, SEVERING SAID BUSHEY
TRACT, A DISTANCE OF 340.18 FEET TO A POINT FOR CORNER;
THENCE NORTH 67 DEGREES 00 MINUTES 00 SECONDS WEST, CONTINUING THE L1NE OF
SEVERANCE, A DISTANCE OF 49.27 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER,
IN `I'HE EAST WGHT OF WAY LINE OF JANNIE STREET;
THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST, WITH SA1D EAST RIGHT OF
WAY LINE, A DISTANCE OF 195.02 FEET, TO THE POINT OF BEGINNING, CONTAINING 2.184
ACRES OF LAND MORE OR LESS.
Exhibit A
TRACT 3 - ZONING NRMU
l .404 ACRES
FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE JONATHON
BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS,
AND BEING A PART O�'i'HE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE
BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT AT A
BRASS RIGHT-OF-WAY MONUMENT FOUND FOR CORNER AT THE 1NTERSECTION OF THE
NORTH RIGHT OF WAY LINE OF MCKINNEY STREET AND THE EAST RIGHT OF WAY LINE
OF JANNIE STREET;
THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST WITH SAID EAST RIGHT OF
WAY OF JANNIE STREET, FOR A DISTANCE OF 174.51 FEET TO A 1/2" CAPPED IRON ROD
SET FQR CORNER;
THENCE SOUTH 67 DEGREES 00 MINUTES 00 SECONDS EAST, SEVERING SAID BUSHEY
TRACT, A DISTANCE OF 49.27 FEET TO A POINT FOR CORNER;
THENCE NORTH 88 DEGREES 50 MINUTES 19 SECONDS WEST, CONTINUING THE LINE OF
SEVERANCE, A DISTANCE OF 340.18 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER,
IN THE WEST LINE OF BLOCK 6, MACK ADDITION FIRST INSTALLMEN'I';
THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST WITH THE WEST LINE OF
SAID BLOCK 6, A DISTANCE OF 159.14 FEET, AT THE SOUTHEAST CORNER OF SAID
BUSHEY TRACT, IN THE NORTH WGHT OF WAY LINE OF MCKINNEY STREET;
THENCE NORTH 88 DEGREES 23 MINUTES 50 SECONDS WEST, WITH SATD NORTH RIGHT
OF WAY LINE, A DISTANCE OF 385.21 FEET, TO THE POINT OF BEGINNING, CONTAINING
2.l 84 ACRES OF LAND MORE OR LESS.
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Exhibit B